Can Rule 28 be invoked in connection with a chambers application?

Counsel for the plaintiff refers to the decision in Mahoney v. Adams (1994) B.C.J. No. 343 (S.C. – Master) as authority for the proposition that the rule may be invoked in connection with a chambers application. In that case the plaintiff, a former common law spouse of the defendant, brought an action for support for herself and the parties children. By way of affidavit evidence and in answer to interrogatories the defendant disclaimed any knowledge of his current wife’s financial circumstances. The plaintiff sought to examine the current wife under Rule 28. The master held that the information sought from the current wife was material to the claim for support and granted the application. However, the master did not address the particular question that I have to consider. It is not apparent from the reasons whether the examination in Mahoney v. Adams was to take place prior to trial or prior to an interlocutory application for interim support. What is clear, however, is that in that case there was an action which might result in a trial. I am of the view that Mahoney v. Adams does not provide authority that Rule 28 is available in a proceeding such as the present proceeding.